1. The defendant shall pay 124,838,00 won to the plaintiff and 20% per annum from October 29, 2014 to the day of complete payment.

1. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff entered into a subcontract with the Defendant on the instant construction work among the new construction works for Yangyang C Co., Ltd., and paid advance payment to the Defendant. Since the said subcontract was terminated due to the Defendant’s delay, the Defendant is obligated to pay the remainder advance payment of KRW 124,838,00 and delay damages.

B. The Defendant’s assertion (1) D knew of the construction work of the total volume C executed by the Plaintiff through E, the subcontractor, and E, paid 5,000,000 won to D’s head of the Plaintiff’s division, among advance payment, and proposed to lend a license since it entered into a contract under the name of the company with which the license was granted. Accordingly, D, around March 2012, upon obtaining a construction license for the construction work related to the early shipbuilding from the Defendant, concluded a subcontract under the name of the Plaintiff and the Defendant, and paid 5,00,000,000 won to the Plaintiff’s head of the division via E, after deducting the name lending, public charges, etc., and concluded a subcontract agreement with the Plaintiff, and thus, the Plaintiff did not have any obligation to return the said construction work to the Plaintiff as the Plaintiff’s head of the site site, and the Defendant did not have any obligation to return it to the Plaintiff as well as the Plaintiff’s owner of the subcontract.

(2) Even if the Defendant is a party to the above subcontract, the Defendant used the advance payment received from the Plaintiff for the construction cost of this case, and instead spent the construction cost exceeding the advance payment, as well as the instant case due to the cause attributable to the Plaintiff.